What is the effect of disqualifying eligible voters’ ballots for voting for more than 3 members?
British Columbia, Canada
The following excerpt is from Biel v. The Owners, Strata Plan VR1960, 2021 BCCRT 635 (CanLII):
34. I order the strata to cease disqualifying eligible voters’ ballots for voting for more than 3 members from the townhouse strata lots or 4 members from the apartment strata lots. The owner has not requested an order changing the result of the election or requiring a new election so I do not make any findings about the validity of the election results. Rather, the owner asks for an order declaring that his vote was valid. However, I find that I do not have authority to provide declaratory relief, except in the narrow circumstances where it is incidental to another claim for relief based on the non-binding but persuasive decision in Fisher v. The Owners, Strata Plan VR 1420, 2019 BCCRT 1379. I find that such circumstances do not exist here so I decline to make a declaration about the validity of the owner’s rejected ballot.
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